Tex. Local Gov't Code Section 361.023
Contractual Authority Contingent on Legislation of Other State

A county or municipality in this state may make the contract only if the other state enacts legislation that relates to the establishment of a justice center under a contract and that:

(1)

assigns responsibility for the operation of the detention facilities in the center in the manner required by Section 361.026 (Responsibility for Operation of Jail);

(2)

provides for the application and enforcement of the law of both states in the manner provided by Section 361.028 (Extent to Which Each State’s Law Applies at Justice Center);

(3)

contains provisions authorizing the arrest, prosecution, transfer, and control of persons as prescribed by Sections 361.029 (Arrest, Prosecution, Extradition, and Service of Process at Justice Center)(a)(2), (d), (e), and (f)(2);

(4)

authorizes peace officers to take the actions authorized by Sections 361.029 (Arrest, Prosecution, Extradition, and Service of Process at Justice Center)(j) and (k); and

(5)

provides that:

(A)

a person in custody in the center under the law of this state may not be prosecuted for an offense against the law of the other state without extradition and may not be personally served with process in the center for a proceeding in the other state;

(B)

a person summoned to appear in the center under the law of this state may not be personally served with process in any part of the center for a proceeding in the other state; and

(C)

a person summoned to appear in the center under the law of this state may not be arrested in any part of the center for an offense against the law of the other state.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Source: Section 361.023 — Contractual Authority Contingent on Legislation of Other State, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­361.­htm#361.­023 (accessed May 11, 2024).

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Accessed:
May 11, 2024

§ 361.023’s source at texas​.gov